ᐅ The architect has become emotional and does not want to continue. How should I proceed now?
Created on: 11 Mar 2026 17:41
O
Ohropax
Hello,
I hired an architect in the Stuttgart metropolitan area to design a single-family house and submit the building permit / planning permission application (service phases 1-4). The architect immediately received an advance payment of 15,000 euros without doing anything.
Service phases 1-2 were basically skipped; at least, I did not receive a project schedule, summaries, cost estimates, or a timetable. She basically spent all her time working only on the design.
The first design was unusable! Our budget is 750,000 euros, which was communicated both verbally and in writing. According to three construction companies, realizing the design would have required 1.25 million euros.
So a new design was created, but it contained so many practical mistakes (corridor too narrow, wardrobe not deep enough, kitchen wall too narrow for a sliding door, ceiling heights too low, bathrooms too small), and many more. An unbelievable number of errors, which you wouldn’t normally expect from an architect (at least I didn’t). The design is now in its 10th iteration because we repeatedly had to point out illogical corners, incorrectly placed windows, etc. Many of the changes were contributed by construction companies and included in the design because it was otherwise not suitable.
It was agreed with the architect that the remaining amount of about 15,000 euros would be paid before submitting the building permit / planning permission application. However, this is too risky for us because the architect’s work is very poor technically, and we fear the application will not be approved as is. The architect charged fee zone IV for a simple single-family house and noted this in the invoice. Is that correct?
Our proposal is to pay the 15,000 euros only after approval. The architect has now completely lost it, refuses to submit the application, and demands 12,000 euros for the design.
I actually did the design myself, and she just used the software. I was not advised. She simply implemented things without pointing out poor practicality. As a layperson, I am not familiar with this and expect advice; that is part of the architect’s job, isn’t it?
What should I do now? I am emotionally exhausted...
I hired an architect in the Stuttgart metropolitan area to design a single-family house and submit the building permit / planning permission application (service phases 1-4). The architect immediately received an advance payment of 15,000 euros without doing anything.
Service phases 1-2 were basically skipped; at least, I did not receive a project schedule, summaries, cost estimates, or a timetable. She basically spent all her time working only on the design.
The first design was unusable! Our budget is 750,000 euros, which was communicated both verbally and in writing. According to three construction companies, realizing the design would have required 1.25 million euros.
So a new design was created, but it contained so many practical mistakes (corridor too narrow, wardrobe not deep enough, kitchen wall too narrow for a sliding door, ceiling heights too low, bathrooms too small), and many more. An unbelievable number of errors, which you wouldn’t normally expect from an architect (at least I didn’t). The design is now in its 10th iteration because we repeatedly had to point out illogical corners, incorrectly placed windows, etc. Many of the changes were contributed by construction companies and included in the design because it was otherwise not suitable.
It was agreed with the architect that the remaining amount of about 15,000 euros would be paid before submitting the building permit / planning permission application. However, this is too risky for us because the architect’s work is very poor technically, and we fear the application will not be approved as is. The architect charged fee zone IV for a simple single-family house and noted this in the invoice. Is that correct?
Our proposal is to pay the 15,000 euros only after approval. The architect has now completely lost it, refuses to submit the application, and demands 12,000 euros for the design.
I actually did the design myself, and she just used the software. I was not advised. She simply implemented things without pointing out poor practicality. As a layperson, I am not familiar with this and expect advice; that is part of the architect’s job, isn’t it?
What should I do now? I am emotionally exhausted...
So far, you have consistently failed to bring the contract between you and the architect into this discussion. As far as I know, a contract does not automatically become an architect’s contract just because one party calls themselves an architect and the other is undertaking a construction project. We still cannot clearly see whether you might have only agreed on a visualization of a building concept. Sorry, but that’s how it is. You are spouting a lot of hot air here, repeating yourself endlessly, but not getting anywhere. Hic Rhodos, and as I said, either hic salta as well, or continue your soliloquies without me in the audience.
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Papierturm15 Mar 2026 15:42Gerddieter schrieb:
@TE I had a similar situation.
I tried to reach an agreement and felt justified for the same reasons as you.
My financial offer was too low because I didn’t want to agree to more.
Then, with a lawyer involved, the settlement amount ended up being only slightly higher – but the lawyer was quite expensive. So my advice is to settle without a lawyer, part ways, take it as a learning experience, and don’t let it spoil the rest of your build. I’m truly sorry to read about the trouble you’ve experienced here. Unfortunately, I fully agree with this post.
As I read through the (now 12) pages, one term kept coming to mind: Sunk Cost Fallacy. (For simplicity, I’ll abbreviate it as SCF.)
(A typical example of SCF: continuously repairing a broken car long after you should have stopped, just because you’ve already invested money.)
Without knowing all the details, especially depending on how unique the plan was, I still believe damage control is possible here. $30,000 is a lot for design phases 1–4 of a single-family home (for comparison: we paid $10,000 for this with a reputable architect nearby in 2024). I also don’t understand this entanglement with the general contractor. And by now, the relationship seems so poisoned that good collaboration is no longer possible.
Going back to the SCF: first the engine damage was repaired, now there’s an attempt to fix the transmission. But it’s probably more cost-effective to scrap the car now and start fresh.
That would mean: if I were in your position, I would try to exit the situation minimizing further damage. Then analyze what I’ve learned from it and make a new start.
11ant schrieb:
But as I said, it was in your hands to include clear agreements in the contract. However, the contract was not negotiated. The architect simply handed me something and said, take it or leave it.
Skynet states the following:
"Since the contract was not individually negotiated, it legally constitutes standard terms and conditions. Moreover, since you are acting as a private consumer, the strict content controls of §§ 307 ff. of the German Civil Code (BGB) as well as the specific regulations for architect contracts with consumers (§§ 650p ff. BGB) apply.
Invalidity of the advance payment clause
In contracts based on standard terms and conditions, a clause that makes the start of work dependent on an unsecured advance payment ("Work begins once payment is made") is generally invalid when dealing with consumers.
Violation of the equivalence principle:
A service provider cannot demand payment before any service has been rendered without offering the client adequate security (e.g., a bank guarantee) in standard terms and conditions.
Legal standard:
The law stipulates that partial payments may only be requested for services already rendered (§ 632a BGB). An advance payment of 15,000 € (approximately $16,000) before the first action contradicts this principle considerably.
Consequence:
If the clause is invalid, the statutory regulation applies. The architect is then obliged to perform first. She must plan initially and can only request partial payments afterwards (based on the value of the planning services provided)."
Now my question is: Why does the architect want 100% of the fee before I have even seen the building permit application? Isn’t it understandable that I begin to have doubts?
11ant schrieb:
You are just talking a lot of hot air here, repeating yourself endlessly, but not getting to the point. This statement disqualifies you as a discussion partner. You have a very hurtful way of expressing yourself. Please do not contact me again.
Papierturm schrieb:
That would mean: If I were able, I would try to get out of the situation with as little additional damage as possible. Then analyze what I can learn from it and make a new attempt. Exactly!! That will be my approach as well. Fortunately, there seems to be some consumer protection here, and I have "only" paid 15,000 euros for a design that, with the help of the general contractor and my adjustments, should now fit.
For the remaining 10,000–15,000 euros, I hope to find an architect who can submit the building permit / planning permission application for me. If necessary, the general contractor will have to do it if they want to "sell" the house.
In the end, hopefully, I’ll break even or close to it.
Ohropax schrieb:
The contract was not negotiated. The architect simply presented me with something and said take it or leave it. It’s hard to imagine a clearer warning sign to walk away immediately.
Ohropax schrieb:
"Since the contract was not individually negotiated, it legally qualifies as standard terms and conditions. Furthermore, since you are acting as a private consumer, the strict content controls under §§ 307 et seq. of the Building Code (Baugesetzbuch) and the specific provisions for architect contracts with consumers (§§ 650p et seq. of the Building Code) apply." I already said: you consistently fail to prove that this is even an architect contract.
Ohropax schrieb:
In contracts based on standard terms and conditions, a clause making the start of work dependent on an unsecured advance payment ("Work begins once paid") is usually invalid against consumers... Active membership in the professional chamber requires professional liability insurance. It would cover any necessary remedial work if approval cannot be obtained and replacement performance becomes necessary. The client has absolutely no risk here. However, the architect is under no obligation to contract; architects do not have compulsory mandates. Clients with poor payment ability or payment behavior, unfortunately, do exist.
Ohropax schrieb:
Now my question. Why does the architect want 100% of the fee before I have even seen the building permit application? Isn’t it understandable that I begin to have doubts? I pass this question back to you—and probably not only on my behalf: we are all clearly on your side—up to the point where you refuse to consider both perspectives. Isn’t it understandable that we begin to have doubts?
Ohropax schrieb:
This statement disqualifies you as a discussion partner. You have a very hurtful way of expressing yourself. Please do not contact me again. I am a professionally qualified discussion partner on building matters. Giving advice often includes calling out unrealistic expectations. I couldn’t send you a private message anyway, since you haven’t yet received any. Here in the public forum, I never write exclusively for the questioners—that is what the paid private consultation service is for (in God we trust—everyone else pays cash). After all, even before the paywall, you get your money’s worth with me.
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